In a combative exchange at a hearing Friday in Washington, D.C.,
a federal judge unabashedly accused career State Department officials of
lying and signing "clearly false" affidavits to derail a series of
lawsuits seeking information about former Secretary of State Hillary
Clinton's private email server and her handling of the 2012 terrorist
attack on the U.S. Consulate in Benghazi, Libya.
U.S. District Court Judge Royce Lamberth said he was "shocked" and "dumbfounded" when he learned that FBI
had granted immunity to former Clinton chief of staff Cheryl Mills during its investigation into the use of Clinton's server, according to a court transcript of his remarks.
"I
had myself found that Cheryl Mills had committed perjury and lied under
oath in a published opinion I had issued in a Judicial Watch case where
I found her unworthy of belief, and I was quite shocked to find out she
had been given immunity in — by the Justice Department in the Hillary
Clinton email case," Lamberth said during Friday's hearing.
The Department of Justice's Inspector General (IG), Michael Horowitz, noted in
a bombshell report
in June that it was "inconsistent with typical investigative strategy"
for the FBI to allow Mills to sit in during the agency's interview of
Clinton during the email probe, given that classified information
traveled through Mills' personal email account. "[T]here are serious
potential ramifications when one witness attends another witness'
interview," the IG wrote.
SEVEN HIGHLIGHTS FROM THE DOJ WATCHDOG'S REPORT INTO FBI, DOJ CONDUCT DURING CLINTON PROBE
On
Friday, Lamberth, who was appointed to the bench by President Ronald
Reagan, said he did not know Mills had been granted immunity until he
"read the IG report and learned that and that she had accompanied
[Clinton] to her interview."
"I was actually dumbfounded when I found out ... that Cheryl Mills had been given immunity."
— U.S. District Court Judge Royce Lamberth
The
transparency group Judicial Watch initially sued the State Department
in 2014, seeking information about the response to the Benghazi attack
after the government didn't respond to a Freedom of Information Act
(FOIA) request. Other parallel lawsuits by Judicial Watch are probing
issues like Clinton's server, whose existence was revealed during the
course of the litigation.
The State Department had immediately
moved to dismiss Judicial Watch's first lawsuit on a motion for summary
judgment, saying in an affidavit that it had conducted a search of all
potentially relevant emails in its possession and provided them. The
affidavit noted that some more documents and emails could be
forthcoming.
But Lamberth denied the request to dismiss the
lawsuit at the time -- and on Friday, he said he was happy he did,
charging that State Department officials had intentionally misled him
because other key documents, including those on Clinton's email server,
had not in fact been produced.
"It was clear to me that at the
time that I ruled initially, that false statements were made to me by
career State Department officials, and it became more clear through
discovery that the information that I was provided was clearly false
regarding the adequacy of the search and this – what we now know turned
out to be the Secretary’s email system," Lamberth said Friday.
He
continued: "I don’t know the details of what kind of IG inquiry there
was into why these career officials at the State Department would have
filed false affidavits with me. I don’t know the details of why the
Justice Department lawyers did not know false affidavits were being
filed with me, but I was very relieved that I did not accept them and
that I allowed limited discovery into what had happened."
During a
tense exchange with Justice Department lawyer Robert Prince, Lamberth
pressed the issue, accusing Prince of using "doublespeak" and "playing
the same word games [Clinton] played."
That "was not true," the
judge said, referring to the State Department's assurances in a sworn
declaration that it had searched all relevant documents. "It was a lie."
But Prince pushed back sharply, saying he took the judge's accusations "extremely seriously."
"It might be that our search could be found to be inadequate, but that declaration was absolutely true," he said.
"Now,
it's been made clear in rulings by various courts that, basically, the
courts are going to expect us to search items that come in afterward in
this instance, and that's understandable, but at the time, that was not
at all clear, you know?" Prince continued. "I understand if Your Honor
thinks that the searches that were done up to the motion for summary
judgment were inadequate, but being wrong about the search being
adequate does not make it a false affidavit."
Lamberth ultimately conceded that he had "misremembered" some details on the issue.
In a statement, Judicial Watch President Tom Fitton, who was present at the hearing, pushed the White House for answers.
“President
Trump should ask why his State Department is still refusing to answer
basic questions about the Clinton email scandal,” Fitton said. “Hillary
Clinton’s and the State Department’s email cover up abused the FOIA, the
courts, and the American people’s right to know.”
The hearing was
held because Judicial Watch is seeking to compel Clinton and other
officials to testify and provide more information as part of its
lawsuit.
Clinton
has since blamed Republicans and groups like Judicial Watch for derailing her presidential bid in 2016.
“Take
the Benghazi tragedy—you know, I have one of the top Republicans, Kevin
McCarthy, admitting we’re going to take that tragedy—because, you know,
we’ve lost people, unfortunately, going back to the Reagan
administration, if you talk about recent times, in diplomatic attacks,”
Clinton said on NBC’s “Today" in an interview last year. “But boy, it
was turned into a political football. And it was aimed at undermining my
credibility, my record, my accomplishments.”
BENGHAZI MASTERMIND SENTENCED TO 22 YEARS IN PRISON ON FEDERAL TERRORISM CHARGES
Four Americans were killed in the attack on the Benghazi embassy, and the Clinton State Department
was faulted for ignoring security concerns in the run-up to the attack, contributing to the poor defense posture at the post.
The
independent government Accountability Review Board that examined the
tragedy concluded there were “systemic failures and leadership and
management deficiencies at senior levels” at the department that
“resulted in a Special Mission security posture that was inadequate for
Benghazi and grossly inadequate to deal with the attack that took
place.”
Then-national security adviser
Susan Rice claimed on several talk shows that the attack was caused by a YouTube video, even as e-mails
uncovered after the fact revealed
that administration officials knew the incident was the result of
terrorism. Officials the State Department were stunned by Rice's
appearances, according to the emails, with one State Department employee
suggesting Rice had gone
"off the reservation."
Rice has since
openly suggested she is considering running against Maine moderate Republican Sen. Susan Collins
because of her vote to support Supreme Court Associate Justice Brett
Kavanaugh's confirmation. Rice called Collins' speech announcing her
vote a "paean to disingenuousness and incoherence."
But Collins has downplayed any potential challenge from Rice.
"As
far as Susan Rice is concerned, her family has a home in Maine, but she
doesn’t live in the state of Maine," Collins said earlier this
month. "Everybody knows that."